Ohio § 4503.44

§ 4503.44.

(A) As used in this section and in section 4511.69 of the Revised Code : (1) “ Person with a disability that limits or impairs the ability to walk ” means any person who, as determined by a health care provider, meets any of the

following criteria: (a) Cannot walk two hundred feet without stopping to rest; (b) Cannot walk without the use of, or assistance from, a brace, cane, crutch, another

person, prosthetic device, wheelchair, or other assistive device; (c) Is restricted by a lung disease to such an extent that the person's forced (respiratory)

expiratory volume for one second, when measured by spirometry, is less than one liter,

or the arterial oxygen tension is less than sixty millimeters of mercury on room air

at rest; (d) Uses portable oxygen; (e) Has a cardiac condition to the extent that the person's functional limitations are

classified in severity as class III or class IV according to standards set by the

American heart association; (f) Is severely limited in the ability to walk due to an arthritic, neurological, or

orthopedic condition; (g) Is blind, legally blind, or severely visually impaired. (2) “ Organization ” means any private organization or corporation, or any governmental board, agency,

department, division, or office, that, as part of its business or program, transports

persons with disabilities that limit or impair the ability to walk on a regular basis

in a motor vehicle that has not been altered for the purpose of providing it with

accessible equipment for use by persons with disabilities.  This definition does not apply to division (I) of this section. (3) “ Health care provider ” means a physician, physician assistant, advanced practice registered nurse, optometrist,

or chiropractor as defined in this section except that an optometrist shall only make

determinations as to division (A)(1)(g) of this section. (4) “ Physician ” means a person licensed to practice medicine or surgery or osteopathic medicine

and surgery under Chapter 4731. of the Revised Code. (5) “ Chiropractor ” means a person licensed to practice chiropractic under Chapter 4734. of the Revised

Code. (6) “ Advanced practice registered nurse ” means a certified nurse practitioner, clinical nurse specialist, certified registered

nurse anesthetist, or certified nurse-midwife who holds a certificate of authority

issued by the board of nursing under Chapter 4723. of the Revised Code. (7) “ Physician assistant ” means a person who is licensed as a physician assistant under Chapter 4730. of the

Revised Code. (8) “ Optometrist ” means a person licensed to engage in the practice of optometry under Chapter 4725.

of the Revised Code. (9) “ Removable windshield placard ” includes a standard removable windshield placard, a temporary removable windshield

placard, or a permanent removable windshield placard, unless otherwise specified. (B)(1) An organization, or a person with a disability that limits or impairs the ability

to walk, may apply for the registration of any motor vehicle the organization or person

owns or leases.  When an adaptive mobility vehicle is owned or leased by someone other than a person

with a disability that limits or impairs the ability to walk, the owner or lessee

may apply to the registrar of motor vehicles or a deputy registrar for registration

under this section.  The application for registration of a motor vehicle owned or leased by a person

with a disability that limits or impairs the ability to walk shall be accompanied

by a signed statement from the applicant's health care provider certifying that the

applicant meets at least one of the criteria contained in division (A)(1) of this

section and that the disability is expected to continue for more than six consecutive

months.  The application for registration of an adaptive mobility vehicle that is owned by

someone other than a person with a disability that limits or impairs the ability to

walk shall be accompanied by such documentary evidence of vehicle specifications or

alterations as the registrar may require by rule. (2) When an organization, a person with a disability that limits or impairs the ability

to walk, or a person who does not have a disability that limits or impairs the ability

to walk but owns a motor vehicle that has been altered for the purpose of providing

it with accessible equipment for a person with a disability that limits or impairs

the ability to walk first submits an application for registration of a motor vehicle

under this section and every fifth year thereafter, the organization or person shall

submit a signed statement from the applicant's health care provider, a completed application,

and any required documentary evidence of vehicle specifications or alterations as

provided in division (B)(1) of this section, and also a power of attorney from the

owner of the motor vehicle if the applicant leases the vehicle.  Upon submission of these items, the registrar or deputy registrar shall issue to

the applicant appropriate vehicle registration and a set of license plates and validation

stickers, or validation stickers alone when required by section 4503.191 of the Revised Code .  In addition to the letters and numbers ordinarily inscribed thereon, the license

plates shall be imprinted with the international symbol of access.  The license plates and validation stickers shall be issued upon payment of the regular

license fee as prescribed under section 4503.04 of the Revised Code and any motor vehicle tax levied under Chapter 4504. of the Revised Code, and the

payment of a service fee equal to the amount established under section 4503.038 of the Revised Code . (C)(1) A person with a disability that limits or impairs the ability to walk may apply to

the registrar for a removable windshield placard by completing and signing an application

provided by the registrar. (2) The person shall include with the application a prescription from the person's health

care provider prescribing such a placard for the person based upon a determination

that the person meets at least one of the criteria contained in division (A)(1) of

this section.  The health care provider shall state on the prescription the length of time the

health care provider expects the applicant to have the disability that limits or impairs

the person's ability to walk.  If the length of time the applicant is expected to have the disability is six consecutive

months or less, the applicant shall submit an application for a temporary removable

windshield placard.  If the length of time the applicant is expected to have the disability is permanent,

the applicant shall submit an application for a permanent removable windshield placard.  All other applicants shall submit an application for a standard removable windshield

placard. (3) In addition to one placard or one or more sets of license plates, a person with a

disability that limits or impairs the ability to walk is entitled to one additional

placard, but only if the person applies separately for the additional placard, states

the reasons why the additional placard is needed, and the registrar, in the registrar's

discretion determines that good and justifiable cause exists to approve the request

for the additional placard. (4) An organization may apply to the registrar of motor vehicles for a standard removable

windshield placard by completing and signing an application provided by the registrar.  The organization shall comply with any procedures the registrar establishes by rule.  The organization shall include with the application documentary evidence that the

registrar requires by rule showing that the organization regularly transports persons

with disabilities that limit or impair the ability to walk. (5) The registrar or deputy registrar shall issue to an applicant a standard removable

windshield placard, a temporary removable windshield placard, or a permanent removable

windshield placard, as applicable, upon receipt of all of the following: (a) A completed and signed application for a removable windshield placard; (b) The accompanying documents required under division (C)(2) or (4) of this section; (c) Payment of a service fee equal to the amount established under section 4503.038 of the Revised Code for a standard removable windshield placard or a temporary removable windshield placard,

or payment of fifteen dollars for a permanent removable windshield placard. (6) The removable windshield placard shall display the date of expiration on both sides

of the placard, or the word “permanent” if the placard is a permanent removable windshield

placard, and shall be valid until expired, revoked, or surrendered.  Except for a permanent removable windshield placard, which has no expiration, a

removable windshield placard expires on the earliest of the following two dates: (a) The date that the person issued the placard is expected to no longer have the disability

that limits or impairs the ability to walk, as indicated on the prescription submitted

with the application for the placard; (b) Ten years after the date of issuance on the placard. In no case shall a removable windshield placard be valid for a period of less than

sixty days. (7) Standard removable windshield placards shall be renewable upon application and upon

payment of a service fee equal to the amount established under section 4503.038 of the Revised Code .  The registrar shall provide the application form and shall determine the information

to be included thereon. (8) The registrar shall determine the form and size of each type of the removable windshield

placard, the material of which it is to be made, any differences in color between

each type of placard to make them readily identifiable, and any other information

to be included thereon, and shall adopt rules relating to the issuance, expiration,

revocation, surrender, and proper display of such placards.  A temporary removable windshield placard shall display the word “temporary” in letters

of such size as the registrar shall prescribe.  Any placard issued after October 14, 1999, shall be manufactured in a manner that

allows the expiration date of the placard to be indicated on it through the punching,

drilling, boring, or creation by any other means of holes in the placard. (9) At the time a removable windshield placard is issued to a person with a disability

that limits or impairs the ability to walk, the registrar or deputy registrar shall

enter into the records of the bureau of motor vehicles the last date on which the

person will have that disability, as indicated on the accompanying prescription.  For a standard removable windshield placard, not less than thirty days prior to

that date and any renewal dates, the bureau shall send a renewal notice to that person

at the person's last known address as shown in the records of the bureau, informing

the person that the person's removable windshield placard will expire on the indicated

date, and that the person is required to renew the placard by submitting to the registrar

or a deputy registrar another prescription, and by complying with the renewal provisions.  If such a prescription is not received by the registrar or a deputy registrar by

that date, the placard issued to that person expires and no longer is valid, and this

fact shall be recorded in the records of the bureau. (10) At least once every year, on a date determined by the registrar, the bureau shall

examine the records of the office of vital statistics, located within the department

of health, that pertain to deceased persons, and also the bureau's records of all

persons who have been issued removable windshield placards.  If the records of the office of vital statistics indicate that a person to whom

a removable windshield placard has been issued is deceased, the bureau shall cancel

that placard, and note the cancellation in its records. The office of vital statistics shall make available to the bureau all information

necessary to enable the bureau to comply with division (C)(10) of this section. (11) Nothing in this section shall be construed to require a person or organization to

apply for a removable windshield placard or accessible license plates if the accessible

license plates issued to the person or organization under prior law have not expired

or been surrendered or revoked. (D) Any active-duty member of the armed forces of the United States, including the reserve

components of the armed forces and the national guard, who has an illness or injury

that limits or impairs the ability to walk may apply to the registrar or a deputy

registrar for a temporary removable windshield placard.  With the application, the person shall present evidence of the person's active-duty

status and the illness or injury.  Evidence of the illness or injury may include a current department of defense convalescent

leave statement, any department of defense document indicating that the person currently

has an ill or injured casualty status or has limited duties, or a prescription from

any health care provider prescribing the placard for the applicant.  Upon receipt of the application and the necessary evidence, the registrar or deputy

registrar shall issue the applicant the temporary removable windshield placard without

the payment of any service fee. (E) If an applicant for a removable windshield placard is a veteran of the armed forces

of the United States whose disability, as defined in division (A)(1) of this section,

is service-connected, the registrar or deputy registrar, upon receipt of the application,

presentation of a signed statement from the applicant's health care provider certifying

the applicant's disability, and presentation of such documentary evidence from the

department of veterans affairs that the disability of the applicant meets at least

one of the criteria identified in division (A)(1) of this section and is service-connected

as the registrar may require by rule, but without the payment of any service fee,

shall issue the applicant a removable windshield placard that is valid until expired,

surrendered, or revoked. (F)(1) Upon a conviction of a violation of division (H) or (I) of this section, the court

shall report the conviction, and send the placard, if available, to the registrar,

who thereupon shall revoke the privilege of using the placard and send notice in writing

to the placardholder at that holder's last known address as shown in the records of

the bureau, and the placardholder shall return the placard if not previously surrendered

to the court, to the registrar within ten days following mailing of the notice. (2) Whenever a person to whom a removable windshield placard has been issued moves to

another state, the person shall surrender the placard to the registrar;  and whenever

an organization to which a placard has been issued changes its place of operation

to another state, the organization shall surrender the placard to the registrar. (3) If a person no longer requires a permanent removable windshield placard, the person

shall notify and surrender the placard to the registrar or deputy registrar within

ten days of no longer requiring the placard.  The person may still apply for a standard removable windshield placard or temporary

removable windshield placard, if applicable. (G) Subject to division (F) of section 4511.69 of the Revised Code , the operator of a motor vehicle displaying a removable windshield placard or the

accessible license plates authorized by this section is entitled to park the motor

vehicle in any accessible parking location reserved for persons with disabilities

that limit or impair the ability to walk. (H) No person or organization that is not eligible for the issuance of license plates

or any placard under this section shall willfully and falsely represent that the person

or organization is so eligible. No person or organization shall display license plates issued under this section unless

the license plates have been issued for the vehicle on which they are displayed and

are valid. (I) No person or organization to which a removable windshield placard is issued shall

do either of the following: (1) Display or permit the display of the placard on any motor vehicle when having reasonable

cause to believe the motor vehicle is being used in connection with an activity that

does not include providing transportation for persons with disabilities that limit

or impair the ability to walk; (2) Refuse to return or surrender the placard, when required. (J) If a removable windshield placard is lost, destroyed, or mutilated, the placardholder

may obtain a duplicate by attesting the placard is lost, destroyed, or mutilated to

the registrar. Any placardholder who loses a placard and, after obtaining a duplicate, finds the

original, immediately shall surrender the original placard to the registrar. (K)(1) The registrar shall pay all fees received under this section for the issuance of

removable windshield placards or duplicate removable windshield placards into the

state treasury to the credit of the public safety - highway purposes fund created

in section 4501.06 of the Revised Code . (2) In addition to the fees collected under this section, the registrar or deputy registrar

shall ask each person applying for a removable windshield placard or duplicate removable

windshield placard or license plate issued under this section, whether the person

wishes to make a two-dollar voluntary contribution to support rehabilitation employment

services.  The registrar shall transmit the contributions received under this division to the

treasurer of state for deposit into the rehabilitation employment fund, which is hereby

created in the state treasury.  A deputy registrar shall transmit the contributions received under this division

to the registrar in the time and manner prescribed by the registrar.  The contributions in the fund shall be used by the opportunities for Ohioans with

disabilities agency to purchase services related to vocational evaluation, work adjustment,

personal adjustment, job placement, job coaching, and community-based assessment from

accredited community rehabilitation program facilities. (L) For purposes of enforcing this section, every peace officer is deemed to be an agent

of the registrar.  Any peace officer or any authorized employee of the bureau of motor vehicles who,

in the performance of duties authorized by law, becomes aware of a person whose removable

windshield placard or parking card has been revoked pursuant to this section, may

confiscate that placard or parking card and return it to the registrar.  The registrar shall prescribe any forms used by law enforcement agencies in administering

this section. No peace officer, law enforcement agency employing a peace officer, or political subdivision

or governmental agency employing a peace officer, and no employee of the bureau is

liable in a civil action for damages or loss to persons arising out of the performance

of any duty required or authorized by this section.  As used in this division, “peace officer” has the same meaning as in division (B) of section 2935.01 of the Revised Code . (M) All applications for registration of motor vehicles and removable windshield placards

issued under this section, all renewal notices for such items, and all other publications

issued by the bureau that relate to this section shall set forth the criminal penalties

that may be imposed upon a person who violates any provision relating to accessible

license plates issued under this section, the parking of vehicles displaying such

license plates, and the issuance, procurement, use, and display of removable windshield

placards issued under this section. (N) Whoever violates this section is guilty of a misdemeanor of the fourth degree.